The Supremacy Clause and Trademarks: Why State Cannabis Legalization Isn’t Enough for a Federal Trademark 

Recently, we published an article regarding the increasing viability of cannabis related patents. See here. Sadly, the story is the opposite for federal trademarks. Last month, National Concessions Group, Inc. (“NCG”) was denied federal registration for its trademarks: BAKKED and

(collectively the “Marks”) by the United States Patent and Trademark Office (“USPTO”). 

Continue Reading Indica and IP – A Series on the Intersection of Cannabis and Intellectual Property

On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc.  Addressing an issue of first impression, the Court held that job applicants do not have a private right of action under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the “CREAMMA”), the state’s recreational marijuana law.  The Court also held that there is no common law claim for wrongful failure to hire in violation of public policy in New Jersey. 

Continue Reading Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see Minnesota legalize adult-use cannabis. New Hampshire presses pause on their legalization effort. Illinois joins New Jersey in enacting changes to their tax code. And finally, farmers’ markets for cannabis are in the works in New York.

Continue Reading The Week in Weed: June 2, 2023

The Blunt Truth® has long covered the intersection of alcohol and cannabis. For example, just last month we explored the potential for regulatory confusion that might ensue if states begin allowing the sale of cannabis in liquor stores. We also commented on the potential casual use of cannabis in the workplace, with some co-working environments expanding access to alcohol and more.

As more and more states legalize cannabis, regulators seem to be turning to a friendly source for guidance––the alcoholic beverage industry. While some remain cautiously optimistic as to the impact that regulation of cannabis might have on the alcoholic beverage industry, many industry leaders welcome the marriage of pot and potent potables,  and are even exploring a whole new marketplace of cannabis-infused products, such as weed wine, beer, and spirits. Nevertheless, the overarching concern that the alcoholic beverage industry has from entering into the cannabis industry is that cannabis remains illegal at the federal level.

Continue Reading Cannabis Receives a Welcome Push from The Alcoholic Beverage Industry, Leaving Regulators Buzzing

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, the news is all on the state level. Minnesota is on the verge of legalizing adult-use cannabis. New Hampshire may have a commission to study legalization or it may legalize with state stores. Advocates in Nebraska are trying to get medical marijuana on the ballot. And finally, weed wine is now a thing.

Continue Reading The Week in Weed: May 26, 2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, the big news comes from Minnesota, where legislators are rushing to pass a legalization bill before time runs out on the legislative session. In New Hampshire, Governor Sununu appears to be re-thinking his opposition to cannabis. Meanwhile, in Florida, a familiar pattern seems to be playing out around a legalization ballot initiative. And finally, could marijuana be coming to the U.S. Botanic Gardens?

Continue Reading The Week in Weed: May 19, 2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we have an update on the latest incarnation of the SAFE Banking Act. We look at the legalization signature drive in Ohio. We note that New Jersey has eliminated its version of 280E. And finally, Jack in the Box is partnering with WeedMaps.

Continue Reading The Week in Weed: May 12, 2023

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment decisions relating to cannabis users. More recently, on May 9, 2023, Washington Governor Jay Inslee signed similar legislation relating to initial hiring decisions. Both laws, which will be effective January 1, 2024, are the first of their kind because they require employers to have a basic understanding of a somewhat complicated issue – the science behind cannabis testing.

Continue Reading <em>Clearing the Haze: The Method and the Madness Behind the New Cannabis Laws in California and Washington</em>

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we see lots of action on the federal level. The SAFE Act is back. The CLAIM Act is SAFE’s insurance industry cousin. A bill that would have allowed cannabis research got voted down in the Senate. The states also made some news. Minnesota gets ever closer to legalizing. Maryland’s governor signs a bill implementing retail sales. And finally, people leave some mighty strange things behind when they take an Uber.

Continue Reading The Week in Weed: May 5, 2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we have two main stories: Delaware and Minnesota. Starting on the East Coast, The First State in the Union became the 22nd state to legalize adult-use cannabis, after many years of struggling with the issue. In Minnesota, the legislative marathon continues, as the State House passed a legalization bill. And finally, we have a report on the effect of cannabis on earthworms.

Continue Reading The Week in Weed: April 28, 2023